Appellate Division: Second Judicial Department

M288833

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2022-03191 In the Matter of Jeffrey B. Clancy, et al., petitioners-respondents, v John Bortolis, respondent-appellant, et al., respondents. (Index No. 373/2019)

DECISION & ORDER ON MOTION

2022-07526

In the Matter of Jeffrey B. Clancy, et al.,

petitioners-respondents, v John Bortolis,

respondent-appellant, et al., respondents.

(Index No. 373/2019)

Appeals from two orders of the Supreme Court, Nassau County, dated March 29, 2022, and August 2, 2022, respectively. Motion by the appellant, inter alia, to consolidate the appeals and to extend the time to perfect the appeals. By order to show cause dated November 4, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated March 29, 2022, on the ground that no appeal lies as of right from an order that does not result from a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and the branches of the appellant's motion which are to consolidate the appeals and to extend the time to perfect the appeals were held in abeyance in the interim. Motion by the appellant for leave to appeal to this Court from the order dated March 29, 2022.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the Court's motion to dismiss the appeal from the order dated March 29, 2022, and the appellant's motion for leave to appeal to this Court from the order dated March 29, 2022, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the appellant's motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the appellant's motion which is to extend the time to perfect the appeals is granted, and on or before July 5, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court